2002-11-19 City of Southlake
CITY COUNCIL MEETING
November 19, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg
Standerfer; Councilmembers: Carolyn Morris, Rex Potter, and Tom Stephen.
CITY COUNCIL ABSENT: Councilmember Keith Shankland and Mayor Rick Stacy.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager John Eaglen, Secretary to the City Manager Kim Bush, Finance
Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior
Planner Ken Baker, Public Works Director Pedram Farahnak, Deputy Director of Public Works
Charlie Thomas, Public Works Operations Manager Mike Patterson, Assistant to the Public
Works Director Valerie Bradley, Economic Development Specialist Betsy Boyett, Director of
Human Resources Kevin Hugman, Acting Director of Community Services Malcolm Jackson,
Senior Parks Planner Chris Carpenter, Manager of Technical Services Gary Gregg, Professional
Standards Coordinator Robert Finn, Police Chief Marlin Price, Fire Chief Robert Isbell, Deputy
City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Pro Tem Evans at
5:38 p.m. Council reviewed the agenda items with city staff and applicants.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Pro Tem
Evans at 6:08 p.m.
Agenda Item No. 2A, Executive Session: Mayor Pro Tem Evans announced that the City Council
would be going into Executive Session pursuant to the Texas Government Code, Section
551.071, consultation with city attorney; Section 551.072, deliberation regarding real property;
Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding
personnel matters; Section 551.076, deliberation regarding security devices; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:08 p.m. Executive Session began at 6:21 p.m. and ended at 7:06 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:20 p.m.
Motion was made to ratify the Takeover Agreement with Capitol Indemnity Corporation and to
authorize the City Manager to execute the agreement as discussed in Executive Session.
Motion: Standerfer
Second: Potter
Ayes: Stephen, Morris, Standerfer, Potter, Evans
Nays: none
Approved: 5 -0
Agenda Item No. 3A. Invocation was presented by Robert Morris of Gateway Church.
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 1 OF 15
Agenda Item No. 3B. The Pledge of Allegiance was led by Mayor Pro Tem Evans.
Agenda Item No. 4, Reports:
A. Mayor's Report — Mayor Pro Tem Evans announced upcoming meetings and events.
B. City Manager's Report — City Manager Billy Campbell stated that the City's United Way
fundraiser was held on November 15 and was a big success with the employee's raising
$2,600 in a single afternoon. He thanked local restaurant, Buca di Beppo, for donating all
of the food for the employees at the United Way event. City Manager Campbell also
announced that the Southlake Department of Public Safety is scheduled for an on -site
evaluation as part of a program to maintain accreditation by verifying the department meets
professional standards. As part of the on -site assessment, employees and members of the
community are also invited to offer comments at a public hearing on Monday, December 9,
2002, at 7:00 p.m. in the City Council Chambers.
Consent Agenda:
5A. Approval of the minutes of the City Council regular meeting held on November 5, 2002.
Approved as presented.
5B. Ordinance No. 662 -A, 1 Reading, Amending the Drought Contingency Plan to comply
with Title 30 Texas Administrative Code 288.2. The current Water Conservation Policy
and Drought Contingency Plan was passed on August 6, 1996, to provide for: reduction of
usage and peak water demand; promote and preserve fire safety and public health and
sanitation; provide mechanism for trigger conditions for mild, moderate, severe and critical
emergency conditions; and public education and information action plan. The purpose of
this amendment is to comply with the Title 30 Texas Administrative Code Chapter 288 by
adding, in general, the following provisions: utilization of alternative source(s) of water
and delivery mechanisms at any stages of drought conditions; coordination of the Drought
Contingency Plan with the Regional Water Planning Group; and provide opportunity for
exemption or variance from the Drought Contingency Plan for good cause.
5C. Authorize the Mayor to execute a residential developer's agreement for Shyam -Harin
Estates, an eight lot subdivision located on East Dove Road, west of Carroll Middle School.
The final plat for Shyam -Harin Estates was approved on February 21, 2002. The
subdivision infrastructure improvements include the construction of a 1,100' long cul -de-
sac street, 1,410' water line improvements, 320' offsite water line, 875' sanitary sewer,
230' off -site sanitary sewer, 850' storm sewer and 250' off -site storm sewer. This is the
City's standard developer's agreement with no waiver or credits requested. The Park Board
has recommended a park fee of $12,000 in lieu of park land dedication.
5D. Granting a variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat
Expiration), as amended, extending the validity of Case No. ZA01 -059, Final Plat for Lot
1, Block 1, Solana Addition (Verizon NOCC). The Planning and Zoning Commission
approved the final plat for this development on June 14, 2001. The filing of the plat was
intentionally delayed to await the installation of utilities on the property. This was done to
insure the accurate placement of easements to be dedicated on the plat. Verizon is now
ready to file the plat. Since the final plat has expired, a variance to the plat expiration is
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 2 OF 15
being requested along with a 60 day extension from the date of the City Council's action to
allow time to acquire signatures and file the plat in the County Plat Records.
5E. Resolution No. 02 -071, Abandoning utility easements in the Cross Timber Hills
subdivision at 1351 Woodbrook and executing a Quit Claim Deed for said easements. In
March 1999 and March 2001 David and Nancy Sutherland dedicated two utility easements
along their property at 1351 Woodbrook Lane for the purpose of sanitary sewer lines to
serve the Cross Timber Hills subdivision. During the construction of said sewer services,
the alignment of the sewer line along 1351 Woodbrook Lane changed and in 2002 a third
easement was dedicated by the Sutherlands. The construction of the new sanitary sewer
lines in Cross Timber Hills subdivision is now complete and the first two easements are no
longer needed. The Sutherlands are requesting that the City of Southlake abandon the
unnecessary utility easements at 1351 Woodbrook Lane so the property will not be
unnecessarily encumbered. In accordance with Section 4.21 of the City Charter, the caption
for this item is listed as follows:
A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENTS IN THE
CROSS TIMBER HILLS ADDITION, IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY
FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF
SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC
OWNERSHIP, INTEREST OR CONTROL OF SAID UTILITY EASEMENT AND
PROVIDING AN EFFECTIVE DATE.
5F. Authorize the Mayor to execute a water easement in Royal and Annie Smith Park. The City
of Southlake has been approached by a potential developer of a residential neighborhood
adjacent to the south property line of Royal and Annie Smith Park who is requesting that
the City grant an easement just inside the southern property line of the park for use as a 10'
wide permanent water easement. This easement is necessitated by the city's desire for the
developer to connect to an existing water main located to the west on Harrell Drive. Also,
the proposed easement's 15' offset from the southern property line of the park is
necessitated by an existing unrecorded sanitary sewer easement along the property line.
Both the Engineering and Community Services Departments have reviewed the alignment
and easement documents and are completely satisfied that the easement will place no
burden or detrimental encumbrance on the park site as ballfields, trails, and other similar
park facilities can still encroach on the easement. Thus, the easement on the park parcel
will not affect any future plans for the site and will offer a water connection within the
parcel at no cost to the city. On November 11, 2002, the Park Board approved a
recommendation to grant the water easement.
8B. Ordinance No. 480 -406, 1 Reading (ZA02 -088), City Initiated Zoning Change for 1205,
1211, and 1213 Timber Court; 1214 and 1215 Oakwood Trail; 1205, 1207, and 1215
Ridgewood Circle, located in Continental Park Estates. Current Zoning: SF -20B Single
Family Residential District. Requested Zoning: SF -1A Single Family Residential District.
SPIN Neighborhood #16. These lots are all in excess of one acre and are well suited for
private stables. The "SF -20B" zoning currently in place on the properties will not allow
stables or the keeping of any grazing animals, even though this is permitted within the
covenants and restrictions in place on the properties. The purpose of this request is to place
these properties into a zoning classification that better suits the characteristics of the
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 3 OF 15
property and will allow private stables and grazing animals as an accessory use. This
request was approved on October 3, 2002, by the Planning and Zoning Commission.
8C. Ordinance No. 480 -408, 1 Reading (ZA02 -092), City Initiated Zoning Change for 1203
and 1206 Timber Court, and 1211 Ridgewood Circle located in Continental Park Estates.
Current Zoning: SF -20B Single Family Residential District. Requested Zoning: SF -1A,
Single Family Residential District. SPIN Neighborhood #16. These lots are all in excess of
one acre and are well suited for private stables. The "SF -20B" zoning currently in place on
the properties will not allow stables or the keeping of any grazing animals, even though this
is permitted within the covenants and restrictions in place on the properties. The purpose of
this request is to place these properties into a zoning classification that better suits the
characteristics of the property and will allow private stables and grazing animals as an
accessory use. This request was approved on November 7, 2002, by the Planning and
Zoning Commission.
8D. Ordinance No. 480 -409, 1 Reading (ZA02 -090), Zoning Change and Concept Plan for
Patterson's Pond, on property located at 801 North Kimball Avenue, being on the east side
of Kimball Avenue, approximately 800' south of Highland Street and being approximately
8 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -20A Single
Family Residential District. SPIN Neighborhood #6. This request is to receive appropriate
zoning and approval of a concept plan for the development of 10 residential lots. This
request was approved on November 7, 2002, by the Planning and Zoning Commission.
Staff recommends approval subject to Concept Plan Review Summary No. 3, dated
November 15, 2002, and subject to P &Z's motion.
8E. ZA02 -091, Preliminary Plat for Patterson's Pond, on property located at 801 North Kimball
Avenue, being on the east side of Kimball Avenue, approximately 800' south of Highland
Street and being approximately 8 acres. Current Zoning: AG Agricultural District.
Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #6.
This request is to receive approval of a preliminary plat for the future development of 10
residential lots. This request was approved on November 7, 2002, by the Planning and
Zoning Commission being subject to Preliminary Plat Review Summary No. 2, dated
November 1, 2002, allowing requested setback reductions along side street. Staff
recommends approval subject to Preliminary Plat Review Summary No. 3, dated
November 15, 2002, and subject to P &Z's motion.
9A. Resolution No. 02 -066, Safe Route to Schools grant request. The Park Board recommended
approval of a proposed trail connection in the Timarron residential development along
Continental Boulevard at their August 12, 2002, meeting. Several alignments were
proposed and the Board unanimously approved Alignment B at the time. As part of the
Board's motion for approval, staff was directed to pursue grant funding for the
construction; more specifically, to seek funding from an upcoming call for projects from
TxDOT known as the "Safe Routes to School" program. This agenda item proposes two
additional trail projects in addition to the infill trail construction in Timarron, including
additional critical connections and improvements in the Old Union Elementary and
Rockenbaugh Elementary areas, and recommends all three projects as grant applicants for
the Safe Routes to School program. There are several important items to note related to this
request: (1) The grant application is a joint effort with the Carroll Independent School
District. Staff has been meeting with representatives on an on -going basis to develop the
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 4 OF 15
projects and the CISD Board of Directors approved a similar resolution in support of the
Program on October 21, 2002. (2) The SPDC approved the funding for the Timarron trail
connection in their FY 2002 -03 CEP. Should the grant be awarded, funding of $31,000
exists that can be used toward the local match of twenty (20) percent. The total project cost
is $159,360 with a local match of $31,872 (twenty percent of project cost). In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, IN SUPPPORT OF THE APPLICATION FOR RELATED GRANT FUNDS
AND THE CITY AND CARROLL INDEPENDENT SCHOOL DISTRICT'S LOCAL
MATCH FOR TRAIL CONSTRUCTION AND RELATED IMPROVEMENTS FOR
THE TEXAS DEPARTMENT OF TRANSPORTATION'S "SAFE ROUTES TO
SCHOOL" PROGRAM.
10A. Approval of FY2002 -03 to FY2006 -07 Capital Improvements Program. Tabled to the
December 3, 2002, City Council meeting.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 8B; 8C; 8D subject
to Concept Plan Review Summary No. 3, dated November 15, 2002, and subject to P &Z's motion;
8E subject to Preliminary Plat Review Summary No. 3, dated November 15, 2002, and subject to
P &Z's motion; 9A; and 10A (to table).
Motion: Standerfer
Second: Potter
Ayes: Morris, Standerfer, Potter, Stephen, Evans
Nays: none
Approved: 5 -0 (with Potter abstaining on Item 5A)
REGULAR AGENDA
Agenda Item 6. Public Forum.
Terry Walter, 907 Westminster Way, Southlake, Texas. Spoke in reference to Council's approval
of Ordinances 480 -QQ and 483 -J, at their October 15, 2002, meeting and stated his disagreement
of how those items were handled.
Mayor Pro Tem Evans changed the order of some agenda items with Item 8F being first.
Agenda Item 8F. Ordinance No. 838, Authorizing the issuance of "City of Southlake, Texas,
General Obligation Refunding Bonds, Series 2002." Beth Bankhead and Financial Advisor Jim
Sabonis, both of First Southwest, presented Ordinance No. 838 to Council. Approval of
Ordinance No. 838 will set in motion the legal requirements necessary to obtain funds for the
refunding of bonds. After approval, the legal documents must be reviewed by the Texas Attorney
General's Office. The bonds will be refunded the week of December 23, 2002. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
An Ordinance authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS,
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002"; specifying
the terms and features of said bonds; levying a continuing direct annual ad
valorem tax for the payment of said bonds; and resolving other matters incident
and related to the issuance, sale, payment and delivery of said bonds, including
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 5 OF 15
the approval and execution of a Paying Agent /Registrar Agreement and a
Purchase Contract and the approval and distribution of an Official Statement;
providing for the redemption of certain outstanding obligations of the City; and
providing an effective date.
Motion was made to approve Ordinance No. 838.
Motion: Standerfer
Second: Stephen
Ayes: Standerfer, Potter, Stephen, Morris, Evans
Nays: none
Approved: 5 -0
Agenda Item 7C. Ordinance No. 480 -407, 2 Reading (ZA02 -076) Zoning and Concept Plan for
Peytonville Park along the west side of South Peytonville Avenue, approximately 600' south of
West Southlake Boulevard (F.M. 1709). Current Zoning: AG Agricultural District. Requested
Zoning: 0-1 Office District. Amended Requested Zoning: S -P -2 Generalized Site Plan District
with 0-1 Once District uses. SPIN Neighborhood #16. Senior Planner Dennis Killough
presented this item to Council. The property is located along the west side of South Peytonville
Avenue, approximately 600' south of West Southlake Blvd. The purpose of this request is to get
approval of a zoning change and concept plan that would allow the construction of an office
park. The plan proposes four single story and three two story buildings totaling approximately
50,000 square feet. There are no variances requested. The Planning and Zoning Commission
recommended approval subject to review, stipulating that the southern border of the property
have an 8' masonry fence. The commission also required, prior to the City Council meeting to
be held November 5, 2002, that CISD be re- notified. Staff has re- notified CISD and has received
no comments. The applicant, Robert Garza, was present to answer questions.
The public hearing was opened at 7:52 p.m. Mayor Pro Tem Evans read the following comment
cards from people who were in favor but did not wish to speak.
Larry and Jeanie Akard, 260 S. Peytonville Ave., Southlake, Texas.
Robert and Andrea Greenwood, 210 S. Peytonville Ave., Southlake, Texas.
Vicky Davis, 200 S. Peytonville Ave., Southlake, Texas.
Donald Davis, 200 S. Peytonville Ave., Southlake, Texas.
Louise Davis, 200 S. Peytonville Ave., Southlake, Texas
The public hearing was closed at 7:53 p.m.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACTS 1, 2, &3, AKARD ADDITION AND TRACTS 3C2 & 3C2A
SITUATED IN THE W. R. EAVES SURVEY, ABSTRACT NO. 500, AND BEING
APPROXIMATELY 5.855 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P-
2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES
AND DEVELOPMENT REGULATIONS AND AS DEPICTED ON THE APPROVED
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 6 OF 15
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
Motion was made to approve Ordinance No. 480 -407, 2nd Reading, as approved on first reading
and stated that Council is aware that the current Land Use Plan calls for Medium Density
Residential but stated the approval of S -P -2 with 0-1 uses is justified due to local economic
conditions.
Motion: Standerfer
Second: Potter
Ayes: Potter, Stephen, Morris, Standerfer, Evans
Nays: none
Approved: 5 -0
Agenda Item 7D. Ordinance No. 480 -RR, 2nd Reading, An Amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District.
Senior Planner Dennis Killough presented this item to Council. During the discussions and work
session held by the City Council on the Southlake Town Square request for residential
"brownstones," a concern was raised regarding the ability to request ancillary uses within the
Planned Unit Development Districts (i.e. residential uses in a NRPUD and commercial uses in a
RPUD). The current regulations for PUDs permit an applicant to request up to 10% of the land
area within the PUD boundary to have ancillary uses. The City Council has requested that staff
bring forward an ordinance amendment that removes this option. The Planning and Zoning
Commission recommended approval stipulating that item 30.2 (b.) is omitted; items 30.3 and
30.4 are amended to read "...the tract shall have a gross area of at least five (5) acres." This
reduces the requirement from a gross area of 50 acres currently required in the ordinance for
RPUDs and 10 to 5 for commercial PUDs. On November 5, 2002, Council approved Ordinance
No. 480 -RR, 1 Reading, as presented with the following amendment: changing the minimum
acreage on a residential planned unit development from 50 acres to 20 acres and giving Council
the ability to designate where the open space is located.
Councilmember Potter stated that he can not agree to 20 acres as proposed, but he would agree with
decreasing the acreage to 30 or 35 acres. If Council's intent is to decrease the acreage from 50 acres,
he suggested taking smaller steps.
The public hearing was opened at 8:05 p.m.
Ralph Williams, 1177 Adams Lane, Southlake, Texas. Stated that one of P &Z's reasons for
decreasing the acreage to five acres was to increase the revenue base for taxes and stated that
since there are very few, if any, 20 to 30 acre tracts of land remaining in town, the reduction to
five acres would allow developers flexibility while allowing the city to maintain control.
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 7 OF 15
The public hearing was closed at 8:07 p.m.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; REVISING SECTION 30 REGARDING PLANNED UNIT
DEVELOPMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
Deputy Mayor Pro Tem Standerfer said he agrees that five acres is too small and feels that 20
acres is probably too big, but he is willing to agree with 20 acres in order to move this forward.
Motion was made to approve Ordinance No. 480 -RR, 2 Reading, as approved on first reading
with Council approving the location of the open space.
Motion: Standerfer
Second: Stephen
Ayes: Stephen, Morris, Standerfer, Evans
Nays: Potter
Approved: 4 -1
Agenda Item 7E. Resolution No. 02 -065, An amendment to the Master Thoroughfare Plan Map
and Text to indicate the general alignment and roadway classification/design for the extension of
Village Center Drive from F.M. 1709 to South Kimball Avenue. Senior Planner Ken Baker
presented this item to the Council. The amendment is for South Village Center Drive to
designate a C2U -60' collector between the FM 1709/Village Center Drive intersection and
Kimball Avenue (just north of the Dawson/Eubanks school complex) and a north/south C2U -60'
collector located along the Pigg/Quicksall property line from FM 1709 south to the C.I.S.D.
northern property line. Also, this amendment provides a future point of access from Westwood
Drive in the Woodland Height's subdivision to the future South Village Center connector road.
This item was presented to the CISD School Board on September 9, 2002. Letters were sent out
to all affected property owners, including all residents in Woodland Heights, informing them of
the proposed MTP amendment and the date, time and place of the SPIN meeting. A citywide
SPIN meeting was held on October 7, 2002. On October 17, 2002, the Planning and Zoning
Commission held a public hearing on this item and approved it stipulating that access points
from Westwood Drive in the Woodland Heights subdivision be removed and that the proposed
road be placed as far south on the Gateway Church property as possible.
The Public Hearing was opened at 8:34 p.m.
Robert Morris, Senior Pastor Gateway Church, 2121 E. Southlake Blvd., Southlake, Texas.
Opposed. Said they asked the city about this road before they purchased the property and was
assured it would not happen. Asked Council not to limit their ability to fully develop their
property.
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 8 OF 15
Rick Patterson, 503 Stonewall Court, Southlake, Texas. Opposed. He said they need all of their
land to develop their church. They have been meeting with staff in order to fully understand the
impact of this road on their property and would encourage more meetings to occur before
Council votes on this item.
Deputy Mayor Pro Tem Standerfer said his objective is to have the road but allow the church to
have the same amount of developable acreage and stated that Council could direct staff to work
with the church in order to make this occur.
Jeff Peterson, 2233 Hurstview Drive, Hurst, Texas. Opposed. Suggested stopping the road at the
eastern edge of the church property which would give additional access but allow for full usage
of the church property.
Kenneth Shaw, 1202 Wyndham Hill Lane, Southlake, Texas. He is one of the owners of the
Quicksall property. He said they are not opposed to the road connecting Kimball Avenue to
Village Center Drive nor are they opposed to an access between the Quicksall property and the
Pigg property that would line up with a future drive north on the Wal -Mart property. They are
opposed to a public R.O.W. designation from FM 1709 to Kimball Avenue at this time because
they feel it could hamper future development of their property and the Pigg property.
Martha Taylor, 209 Eastwood Drive, Southlake, Texas. Opposed. Said the city should welcome
this church with open arms and not hinder their growth. She said Kimball Avenue will be able to
handle the traffic once the improvements are completed.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas. Opposed. Stated that Eatzi's may not be
going into this location after all. Stated she has a problem with the city holding meetings with the
commercial property owners but not including the residential property owners. She is frustrated
with her neighborhood not being heard.
Russell Leavens, 220 Westwood Drive, Southlake, Texas. Opposed. Asked Council to explain
why this road must be shown on the plan now.
Deputy Mayor Pro Tem Standerfer said there are issues relating to development of the properties
and that the city may lose the right to ever get the road unless it is shown on the plan now.
Ralph Williams, 1177 Adams Lane, Southlake, Texas. In support. Stated that the light at Kimball
Avenue and FM 1709 is the busiest light in the city, and it will keep getting busier as time goes
on. He said the safety of 1,000 children who go to the schools on Kimball Avenue take
precedence.
David Currin, 625 Bentwood Lane, Southlake, Texas. Asked if it would be possible to add the
road but also add a provision which states there will be no net loss of buildable space for the
church.
The following persons completed cards in opposition but did not speak:
Steven Dzierba, 1912 Shooting Star Way, Southlake, Texas.
Mike Brisky, 607 Royal Lane, Southlake, Texas.
Charles and Carrie Gant, 7701 Kelly Lynn Lane, Watauga, Texas.
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 9 OF 15
Stacey Moor, 9602 Forest Lakes Court, Keller, Texas.
Joe Sudol, 802 Forest Lakes Court, Southlake, Texas.
Anthony and Sonja Allen, 208 S. Sheppard Drive, Euless, Texas.
Theril and Alice Williams, 481 Shade Tree Circle, Hurst, Texas.
Yuri Star, 1314 Chris Drive, Keller, Texas.
Natalie Williams, FM 1709.
Rod and Judith Streng, 3915 Ridgecrest Drive, Flower Mound, Texas.
Jim McConnell, 1361 Gatewood Drive, Keller, Texas.
Debbie Morris, 2121 E. Southlake Boulevard, Southlake, Texas.
Mary Molen, 3605 Alton Drive, Flower Mound, Texas.
Hope Nealy, 3605 Alton Drive, Flower Mound, Texas.
Robert Curtis, 1401 Riverside Road, Roanoke, Texas.
Paul and Sue Brown, 3111 Mustang Drive, Grapevine, Texas.
Mitchell and Lea Land, 1 Eagles Aerie, no city listed.
Jeff Drott, 2121 E. Southlake Boulevard, Southlake, Texas.
Ed and Rhonda Butler, 7505 Teakwood Court, North Richland Hills, Texas.
Janet Simpkins, 5921 Boca Raton Boulevard #197, Fort Worth, Texas.
David Brown, 2913 Harwood, # 11B, North Richland Hills, Texas.
Walter and Catherine Ethridge, 417 Brian Drive, Keller, Texas.
Don and Judy Woodliff, 2121 E. Southlake Boulevard, Southlake, Texas.
Twila Anderson, 2121 E. Southlake Boulevard, Southlake, Texas.
Ken and Mary Jackson, 4541 Chris Drive, Keller, Texas.
Jerry and Dru Berschig, 717 Huntwich, Bedford, Texas.
Mabrie Jackson, 721 N. Lucas, Grapevine, Texas.
Kathleen Moran, 721 N. Lucas, Grapevine, Texas.
Robert Price, 2947 Canyon Drive, Grapevine, Texas.
Gregory and Marianne Kalush, 2402 Danbury Drive, no city listed.
Michael and Nancy Dotti, 1310 Tinker Road, Colleyville, Texas.
Ruth Price, 2947 Canyon, Grapevine, Texas.
Marcus Brecheen, 5213 Begonia, Keller, Texas.
Brandon Leathers, 3061, Panhandle Drive, Grapevine, Texas.
George Grubbs, Jr., 702 S. White Chapel Boulevard, Southlake, Texas.
The Public Hearing was closed at 9:42 p.m.
Deputy Mayor Pro Tem Standerfer requested an Executive Session.
Mayor Pro Tem Evans announced that the City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.071, consultation with city attorney;
Section 551.072, deliberation regarding real property; Section 551.073, deliberation regarding
prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076,
deliberation regarding security devices; and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 9:43 p.m. Executive
Session began at 9:44 p.m. and ended at 9:46 p.m.
City Council reconvened at 10:10 p.m.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 10 OF 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, AMENDING THE ADOPTED MASTER THOROUGHFARE PLAN MAP
TO INDICATE THE GENERAL ALIGNMENT DESIGNATING SOUTH VILLAGE
CENTER DRIVE AS A C2U -60' R.O.W. COLLECTOR LOCATED BETWEEN THE
FM 1709NILLAGE CENTER DRIVE INTERSECTION AND SOUTH KIMBALL
AVENUE (JUST NORTH OF DAWSON /EUBANKS SCHOOL COMPLEX) AND A
NORTH /SOUTH C2U -60' COLLECTOR LOCATED ALONG THE PIGG/
QUICKSALL PROPERTY LINE FROM FM 1709 SOUTH TO THE C.I.S.D.
NORTHERN PROPERTY LINE AND SPECIFYING DESIGN FEATURES FOR THE
ROAD.
Motion was made to approve Resolution No. 02 -065 showing Option #2 (A common access
easement connecting Westwood Drive to S. Village Center Drive); indicating Village Center
Drive on the Gateway Church property along its western and southern boundaries; and indicating
the roadway located between the Pigg and Quicksall property as a common access easement. In
addition, direct staff to immediately meet with the church to work on either replatting, variances
to side yard setbacks and impervious coverage, and/or rezoning so that ultimately the church will
not lose developable net acreage; and further directing staff to work with the Gateway church on
a potential for replatting to remove the cross access easement from the Pigg property to the
church's property as shown on their current plat.
Motion: Standerfer
Second: Potter
Deputy Mayor Pro Tem Standerfer clarified to the church representatives that Council cannot
guarantee 100% development of their land.
Ayes: Morris, Standerfer, Potter, Stephen, Evans
Nays: none
Approved: 5 -0
Agenda Item 8A. Ordinance No. 480 -224a, 1 Reading (ZA02 -042) Zoning Change and Concept
Plan for Southlake Town Square, located on the south side of State Highway 114, north side of
East Southlake Boulevard (F.M. 1709) and east side of North Carroll Avenue. Current Zoning:
NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD
Non - Residential Planned Unit Development District. SPIN Neighborhood #8. Senior Planner
Dennis Killough presented Ordinance No. 480 -224a to Council. The purpose of this request is to
amend the current NR -PUD zoning to allow single - family attached dwellings and full- service
hotels as permitted uses and revise development regulations. The Planning and Zoning
Commission recommended approval on May 23, 2002, subject to review, specifically amending
Exhibit A, 1.a., Permitted Uses: restricting "hotels" to "full service hotels" and providing a
definition and deleting Bed and Breakfast lodging reference; Further, Exhibit A, 2.a., Height for
Non - Residential Buildings: adding height restrictions that would allow buildings up to 90' in
height north of Division Street only; And, Exhibit A, 2.f., Floor Area: increased to 2,000 sq. ft.
minimum. Applicant Brian Stebbins of Cooper & Stebbins made a presentation to Council.
Assuming the first reading of this ordinance is approved tonight, Deputy Mayor Pro Tem
Standerfer asked Mr. Stebbins if he would be willing to delay the second reading until after the
approval of the downtown district zoning. Mr. Stebbins agreed.
Mayor Pro Tem Evans allowed members of the audience to speak.
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 11 OF 15
Kent Hughes, 901 Parkview, Southlake, Texas. In support. Is moving his plastic surgery
business to Town Square on the corner of Main and Central. He feels his office will be a good
buffer between the commercial and the residential. Asked for approval of his building and the
Brownstones.
David Gerda, 625 Brentwood Lane, Southlake, Texas. Opposed. Does not feel like Council has
enough information regarding what this multi - family, high density development will do to the
city. It will have a domino effect. Wanted to know what Southlake is gaining by the approval of
this request.
George Morgan, 912 Parkview Lane, Southlake, Texas. In support. Wants some flexibility
within Southlake. He and his wife want to be able to travel for extended periods of time and not
worry about their home.
Jim Brosette, 902 Independence Parkway, Southlake, Texas. In support. Feels like much of the
opposition to the Brownstones stems from confusion and uncertainty. Years ago, city leaders
were presented with the Town Square proposal which was also very different from anything else
in the city. Town Square is now the center of the city and a common meeting and gathering area
for residents and the Brownstones will only add more of a focus to it.
Kathleen Boissevain, 910 Carriage Way, Southlake, Texas. In support. This is not a traffic issue
for Carroll Avenue. It creates revenue for the schools. It is not a high density development. This
is not ground breaking because it has already been done in Southlake. Walking trails and
common areas have always been factored into the equations when meeting the expectations of
our Land Use Plan such as in Timarron, Timberlake, Myers Meadow, and others.
Ralph Williams, 1177 Adams Lane, Southlake, Texas. In support. He cannot think of a vibrant
community in the United States that does not have downtown living. We cannot have the types
of restaurants and shopping that Southlake wants and deserves without people of means living
downtown supporting these issues.
Mary Ann Harless, 106 Waterford Drive, Southlake, Texas. In support. Town Square speaks for
itself, and the Brownstones will have the same quality and attention to detail.
Nancy Cooper, 650 Bentwood, Southlake, Texas. In support. Said she and many of her neighbors
are in favor of the Brownstones. She feels the Brownstones will increase her property value and
add to the overall beauty and success of Town Square and Southlake.
Charlie Broadaway, 600 Bentwood, Southlake, Texas. Opposed. Feels there was a
misrepresentation five years ago regarding the TIF. He was told the city would get fifty cents on
the dollar and that a lot of tax revenue would come in to alleviate the tax burden of the residents.
His taxes have gone up forty percent since the TIF was approved.
Beate Egerton, 604 Chandon Court, Southlake, Texas. In support. Said she is in favor of this
development as a resident and as a realtor who does business in Southlake.
The following persons completed cards in support but did not speak:
Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas.
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 12 OF 15
Harold Knight, 1749 E. Highland, Southlake, Texas.
Muguette Alder, 606 Chandon Court, Southlake, Texas.
Liz Jackson, 505 Regency Crossing, Southlake, Texas.
Linda Loyd, 614 Chandon Court, Southlake, Texas.
Dave Boissevain, 910 Carriage Way, Southlake, Texas.
Candice Klasen, 901 Parkview Lane, Southlake, Texas.
Jim Jeppe, 330 Glenrose Court, Southlake, Texas.
Becky Brosette, 902 Independence Parkway, Southlake, Texas.
Natalie Villareal, 5583 Buckley Drive, El Paso, Texas.
The following persons completed cards in opposition but did not speak:
Leigh Renger, 850 Wildwood, Southlake, Texas.
Rebecca and Tommy Madison, 550 Bent Wood, Southlake, Texas.
Penny Pannelle, 1429 Kinsington Court, Southlake, Texas.
Dorothy Dede, 1107 La Paloma Court, Southlake, Texas.
John and Maria Chase, 600 Cherry Lane, Southlake, Texas.
Jesse and Jamie Cadiz, 707 Chaucer Court, Southlake, Texas.
Will and Terri Castro, 607 Stonebury Drive, Southlake, Texas.
Terry Walter, 907 Westminster Way, Southlake, Texas.
Councilmember Potter said there is a benefit to this type of product in Town Square and only in
Town Square. On the other hand, he cannot support 117 Brownstones and would like to see the
number reduced and the density reduced to around five units per acre. Mr. Stebbins agreed to 85
units but said he cannot agree to a particular density at this meeting because he has not made the
calculations.
Councilmember Potter said he wants to make it clear that he wants to see no more than 85 units
on the 14 acres.
City Attorney Taylor clarified Councilmember Potter's position on the density for Mr. Stebbins:
Councilmember Potter wants Mr. Stebbins to calculate the density between now and returning
for the second reading, run the CAD program, and get as close as possible to 85 units on 14
acres. Councilmember Potter is tentatively supporting this on first reading as long as Mr.
Stebbins understands that if he cannot come close to that number, he will not automatically have
Councilmember Potter's support on second reading.
Councilmember Morris said she is concerned about the density as well and is concerned about
the marketability of the Brownstones.
Motion was made to approve Ordinance No. 480 -224a, 1 Reading, subject to Concept Plan
Review Summary No. 3, dated May 31, 2002, further stipulating there be no more than 85 units.
Motion: Potter
Second: Standerfer
Ayes: Standerfer, Potter, Stephen, Evans
Nays: Morris
Approved: 4 -1
Mayor Pro Tem Evans announced that Items 7A and 7B would be presented at the same time and
will have one public hearing for both items.
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 13 OF 15
Agenda Item 7A. Ordinance No. 833, 2nd Reading, Amending TXU Electric Franchise
Agreement. On September 3, 2002, City Council approved the TXU Compromise, Settlement
and Release Agreement. The agreement is the culmination of the lawsuit filed against TXU by a
consortium of cities, including Southlake. The agreement provided that the City will adopt
franchise amendments which, at the City's election, may increase the categories of revenues
included in the calculation of the franchise fee. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
An ordinance amending Ordinance No. 4 (the grant of a franchise to Oncor Electric
Delivery Company, successor in interest to Texas Power & Light Company), by
amending the method in which franchise fees will be calculated; and further providing
that this ordinance is cumulative; providing a severability clause; finding and
determining that the meeting at which this ordinance is passed is open to the public as
required by law; providing for publication; providing an effective date; and providing
for acceptance by Oncor Electric Delivery Company.
Agenda Item 7B. Ordinance No. 834, 2nd Reading, Amending TXU Gas Franchise Agreement.
On September 3, 2002, City Council approved the TXU Compromise, Settlement and Release
Agreement. The agreement is the culmination of the lawsuit filed against TXU by a consortium
of cities, including Southlake. The agreement provided that the City will adopt franchise
amendments which, at the City's election, may increase (1) the classes of customers subject to
payment of the franchise fee; and (2) the categories of revenues included in the calculation of
the franchise fee. The City's current gas franchise agreement provides that governmental
customers and industrial customers are excluded from the requirement to pay a franchise fee.
The agreement allows the City to adopt the amendments and repeal this exemption, or they
may choose to continue the exemption. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
An ordinance amending Ordinance No. 571, the existing gas franchise between the
City and Lone Star Gas Company, predecessor in interest to TXU Gas Company, to
provide for a different consideration and to authorize the lease of facilities within the
City's rights -of -way; providing an effective date; providing for acceptance by TXU
Gas Company; finding and determining that the meeting at which this ordinance is
passed is open to the public as required by law.
The Public Hearing for Items 7A and 7B was opened at 12:09 a.m. No one in the audience came
forward to speak. The Public Hearing was closed at 12:10 a.m.
Motion was made to approve Ordinance No. 833, 2 Reading.
Motion: Standerfer
Second: Stephen
Ayes: Potter, Stephen, Morris, Standerfer, Evans
Nays: none
Approved: 5 -0
Motion was made to approve Ordinance No. 834, 2 Reading.
Motion: Standerfer
Second: Stephen
CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2002, PAGE 14 OF 15
Ayes: Stephen, Morris, Standerfer, Potter, Evans
Nays: none
Approved: 5 -0
Agenda Item 11A. Discussion of amendment to the Fee Schedule pertaining to park dedication
land values. This item was discussed during the work session.
Agenda Item 11B. Discussion of Park Maintenance. This item was discussed during the work
session.
Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting
was adjourned at 12:11 a.m.
Mayor Pro Tem/W. Ralph Evans
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